SUNITA KUMARI Vs. CHANDRADANI PRASAD

JUDGEMENT

(1.) Despite opportunity given to the opposite party by order dated 5.7.96, no counter affidavit has been filed by him.

(2.) This is an application under Sections 23 and 24 read with section 151 of the Code of Civil Procedure, in which the petitioner, who is the wife of opposite party, has prayed for transfer of Matrimonial (Divorce) case No. 14 of 1995 from the Court of Addl. District Judge, 1st, Hilsa (Nalanda) to any other judgeship, preferably the family Court at Patna.

(3.) The case of the petitioner is that she was married to the opposite party at Patna on 24.6.1991. After the marriage, the opposite party became the victim of unwarranted suspicion touching the character of the petitioner and ultimately, he filed an application for divorce before the Court of District Judge, Nalanda at Biharsharif. That case has since been transferred to the Court of Addl. District Judge, 1st, at Hilsa. The ground on which the transfer is sought, is that the petitioner is a female and has considerable difficulty in approaching the Court at Hilsa. On the other hand, it is argued that there will be no difficulty, so far as the opposite party is concerned as he (sic) take any conveyance to Patna. The opposite party is an agriculturist residing in the District of Nalanda in the Hilsa sub-division. Nalanda being an adjacent district of Patna. In my view, the opposite party will not suffer any serious hardship if he is required to attend Court at Patna. On the other hand, if the petitioner is required to go to Hilsa, she may have to suffer serious hardship particularly, on account of the fact that is not very safe to travel by any mode in that area.